Bullish files for IPO in the U.S.

Terraform Labs fails to halt class action lawsuitThe High Court in Singapore has dismissed an appeal filed by Terraform Labs and its co-founders, marking a significant step forward for the plaintiffs behind a class action initiated against the company.That’s according to a report published by Singaporean publication, the Business Times, on Thursday. The legal development follows the collapse of TerraUSD (UST) tokens in May of 2022, resulting in the loss of billions of dollars in market value. The collapse, in turn, has led to several lawsuits against Terraform, its founders and affiliated entities, with those court actions playing out in courtrooms in Singapore, South Korea, Montenegro and the United States.Photo by Wesley Tingey on UnsplashFraudulent misrepresentation allegedThe class-action suit, initiated in September 2022 by Julian Moreno Beltran and Douglas Gan on behalf of 375 others, alleges fraudulent misrepresentation by Terraform, Co-Founders Do Kwon and Nikolaos Alexandros Platias and the Luna Foundation Guard (LFG). The claimants argue that these misrepresentations induced them to purchase UST, stake the tokens and retain them as their value plummeted.UST had been designed to be pegged to the U.S. dollar with a 1:1 ratio. However, flaws in the tokenomics behind that digital asset meant that it faced a loss of confidence in May 2022, trading at around $0.05 when the court’s decision was released. The claimants collectively suffered losses of nearly $57 million.Terms of use cited in attempt to dismissTerraform attempted to have the lawsuit dismissed by invoking an arbitration clause in its website’s terms of use, asserting that users had waived their rights to a jury trial or participation in a class action. However, the Assistant Registrar (AR) rejected this application, stating that the defendants failed to establish an arbitration agreement.The AR highlighted that the terms of use were inconspicuous on the website, and there was insufficient effort to draw users’ attention to those clauses. Terraform, Kwon and associated entities appealed this decision, which was heard by Justice Hri Kumar Nair on Sept. 25.Despite establishing a prima facie case for an arbitration agreement, the court ruled that Terraform’s participation in the legal proceedings, including filing a defense and counterclaim, meant it could no longer seek a stay in favor of arbitration.Multiple actionsIt’s a busy time for all stakeholders relative to the Terraform collapse. Playing out within the same timeframe is a lawsuit in the United States taken by the Securities and Exchange Commission (SEC) against Terraform and Do Kwon, where the SEC claims that crypto asset securities fraud has been carried out.The latest installments in that saga in recent weeks have seen both parties file to seek summary judgment. Last week, a court in New York approved the confidential treatment of specific documentation which had been produced by Jump Crypto, a division of proprietary trading firm Jump Trading.There are also criminal actions underway. In a South Korean court in October, Terraform Labs Co-Founder Daniel Shin denied wrongdoing in the Terra/Luna collapse. Meanwhile, a court in Montenegro has approved the extradition of Do Kwon, with a final decision to be made shortly as regards whether he should be extradited to the United States or South Korea.

Coinbase Affirms Commitment to India Despite Disabling Sign-UpsLeading US-based cryptocurrency exchange Coinbase announced on Monday that it has temporarily disabled new user sign-ups for its exchange platform in India.A report emerged via India’s English-language business daily The Economic Times on Monday which stated that Coinbase was stopping “all services” for Indian users.Photo by Big G Media on UnsplashClarification of a misunderstandingIt appears that Coinbase sent emails to a subset of its Indian customers, notifying them of the cessation of exchange operations in the country by September 25. However, a more recent report by TechCrunch outlined that Coinbase has provided further clarification that these emails were sent exclusively to customers who did not meet the updated standards set by the company.On that basis, these messages do not affect and are not relevant to the majority of Coinbase users in India. The email further advised affected users to transfer their funds from the platform by the specified date.A Coinbase spokesperson communicated to TechCrunch via email, stating:“We stopped allowing new user sign-ups on our exchange product in India back in June of this year. We maintain a robust tech hub in the country and offer live products, including our Coinbase Wallet. We are committed to India over the long term.”Coinbase’s proprietary exchange app in India reportedly boasts fewer than 50,000 monthly active users, as indicated by data from Sensor Tower, shared by an industry executive.Difficulty in cracking Indian marketDespite its aspirations, Coinbase has been unable to make headway with local authorities since launching its exchange in India over a year ago. The lack of progress with local officials has proven frustrating for company executives, including Durgesh Kaushik, who joined Coinbase last year as the Senior Director for Market Expansion, only to leave the company within a couple of months.Coinbase’s CEO, Brian Armstrong, made a visit to India last year to launch the exchange service by adding support for India’s popular payment instrument, the Unified Payments Interface (UPI). Unfortunately, the body overseeing UPI immediately denied Coinbase’s recognition, leading Coinbase to suspend support for the payment system shortly thereafter.UPI has proven to be a runaway success in India. Consequently, being able to access and integrate with it would be very important in providing Coinbase’s Indian customers with the means of on-ramping and off-ramping between the exchange and fiat currency. Coinbase affirmed its commitment to collaborating with the National Payments Corporation of India (NPCI) relative to UPI but these efforts simply have not borne fruit.RBI pushbackIn May of the same year, Armstrong disclosed that Coinbase had to halt its trading service in India due to “informal pressure” from the Reserve Bank of India (RBI), the nation’s central bank. Armstrong pointed out that cryptocurrency trading isn’t illegal in India — in fact, the country had recently imposed taxation on it. However, there were elements within the government, including the RBI, that appeared less enthusiastic about cryptocurrencies and were exerting “soft pressure” behind the scenes.Notably, other Indian cryptocurrency exchanges like CoinDCX and CoinSwitch remain operational, but they’ve had their own struggles in their own local market. In August CoinSwitch downsized its headcount, citing a 30% tax on crypto gains and a 1% tax deducted at source (TDS) on transactions as contributing factors. That same month, CoinDCX cut its headcount by 12%.

Binance Weighs Up UAE Expansion Amid Regulatory PressuresGlobal cryptocurrency exchange Binance is contemplating a strategic shift towards the Middle East as it faces regulatory challenges in the United States and Europe.Alex Chehade, the General Manager of Binance Dubai, believes that the United Arab Emirates (UAE) could emerge as a preferred destination for crypto businesses due to favorable and transparent regulations.Photo by Saj Shafique on UnsplashUAE’s regulatory certaintyChehade emphasized the UAE’s ambition to establish itself as a key player in the Web3 industry and diversify away from fossil fuels, with cryptocurrencies playing a significant role in this transition. Speaking to Cointelegraph, the local branch manager of Binance highlighted the certainty and predictability offered by the UAE’s regulatory framework, making it an attractive environment for business development.Binance MENA statistics indicate that the UAE has the highest number of cryptocurrency holders, with approximately 28% of UAE residents owning cryptocurrencies. This data highlights the significant interest and adoption of digital assets in the country.Binance obtained a Virtual Assets Regulatory Authority (VARA) license in Dubai in 2022, making it one of the first exchanges to do so. The license includes a Virtual Asset License obtained in March and a Minimal Viable Product (MVP) license secured in September. The MVP license allows Binance to offer a full range of approved digital assets and related services.Facing difficulties in the US & EuropeThis strategic consideration by Binance comes at a time when the exchange is grappling with legal issues on multiple fronts. Lawsuits filed by the Securities and Exchange Commission (SEC) and the Commodities Futures Trading Commission (CFTC) in the United States have added to the regulatory pressure. In Europe, Binance has faced challenges, including an order from the Belgian FSMA to cease operations immediately, de-registration in the UK, ongoing investigations in France, and withdrawal from the Netherlands and Cyprus.In Europe, Binance recently decided to delist privacy tokens, such as Zcash and Monero, due to changes in local anti-money laundering regulations. However, the exchange later reversed that decision on the basis that the classification of these assets has been revised to comply with legal requirements within the EU.While European officials aim to establish Europe as a hub for cryptocurrencies with the implementation of Markets in Crypto-Assets (MiCA) regulations, Binance’s actions suggest a preference for other jurisdictions.The rise in popularity of cryptocurrencies in the UAE can be attributed, in part, to the VARA. Chehade commends VARA for providing a clear regulatory framework for crypto businesses, which he believes is lacking in other regions.As Binance faces regulatory pressure in the West, the company is exploring opportunities in the Middle East, particularly in the UAE, where the regulatory framework, growing crypto community, and commitment to becoming a Web3 hub make it an attractive prospect for expansion.It is understood that Binance’s Founder and CEO, Changpeng Zhao (CZ), lives in Dubai. However the headquarters of the company has remained unclear. Originally founded in Shanghai in 2017, the firm was later moved to Tokyo and later to Malta. Perhaps the UAE will serve as the company’s base going forward.